Right now, a first failed test draws a 10-day ban in baseball, a five-game ban in the NBA and a four-game ban in the NFL. The NHL does not test players for performance-enhancing drugs. Baseball commissioner Bud Selig and NBA commissioner David Stern proposed to their unions that their punishments be toughened, while NHL commissioner Gary Bettman said he wants to add testing and penalties.
Selig's proposal would add a 50-game ban for a first offense and a lifetime ban for a third.
"Commissioner Selig, with a great fanfare, announced this new, very harsh penalty regimen for Major League Baseball," McCain said.
MLB Players Association head Donald Fehr, McCain added, "said he would take it to the players. We haven't heard a word since then. I can help him with a phone card to contact the various ballplayers to tell them how vital it is that they act to make sure that there's a credible regimen for drug testing and punishment."
Davis' legislation allows for reduced penalties if a player can prove in an appeal he didn't know he was using a prohibited substance or if he were to provide information on someone else violating the drug policy. Stearns' proposal has strict liability: Anyone who fails a test is penalized.
All of the lawmakers present Tuesday, including co-sponsors Rep. Elijah Cummings, D-Md., and Rep. David Souder, R-Ind., said there is widespread support for the legislation.
"Baseball will not be allowed to filibuster this," McCain said with a smile. "I am confident that we will be able to move this in a timely fashion."
Earlier Tuesday, at a hearing about funding for the U.S. Anti-Doping Agency, McCain said the group that oversees U.S. Olympic athletes' drug testing and punishment could do the same for professional leagues.
McCain said pro leagues would be expected to contribute money to USADA if it were to oversee their testing, but "there may be a need for some federal funding as well."
